Written Answers

Tuesday, 8th July 2003.

The Lord Chancellor

What are the powers of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and[HL3472]

What are the duties of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and[HL3473]

What are the privileges of the Lord Chancellor; when, by whom and by what means they were conferred on the holder of that office; and by what means and authority they can be alienated; and[HL3474]

What were the powers, duties and privileges of the Lord Chancellor on 30 January 2003; which, if any, of them have since been alienated; and by whom, by what means and under what authority such alienation has been accomplished.[HL3475]

The Lord Chancellor (Lord Falconer of Thoroton): The office of Lord Chancellor is an ancient one under the Crown. In latter days the Lord Chancellor has been a Minister of the Crown and head of the judiciary as well as Speaker of your Lordships' House. The office has a wide range of powers, duties and privileges which have been conferred over time by the sovereign, by law, by custom and usage, by charters and other instruments, and by your Lordships' House. They can be alienated by primary or secondary legislation, by agreement with the conferring authority and others, or by amendment of the relevant legal instruments. The Government will be publishing a consultation document in September setting out the issues to be addressed in relation to the Lord Chancellor's roles that do not relate to the Speakership, his functions as departmental Minister or his judicial capacity.

None of the important powers, duties or privileges of the Lord Chancellor has been alienated since 30 January. Although it was announced on 12 June that the Office of Lord Chancellor is to be abolished in its present form, I have been appointed as Lord Chancellor in order that I may continue to exercise the powers of that office for the transitional period. Certain responsibilities in relation to children and families including responsibility for the Children and Family Court Advisory and Support Service (CAFCASS) are to be transferred to the Secretary of State for Education and Skills. These changes have not yet been given formal legal effect. An initial transfer of functions order under the Ministers of the Crown Act 1975 is expected to be made at the Privy Council meeting on 17 July and will be laid before Parliament in the usual way. This order is intended to transfer

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from the Lord Chancellor to the Secretary of State for Constitutional Affairs only certain of the Lord Chancellor's principal ministerial responsibilities specifically in relation to legal aid and legal services, regulation of the legal profession, freedom of information, data protection, human rights and elections, and certain powers in the Courts Act 1971 in relation to the administration of the courts. The order will not deal with any functions relating to the judiciary.

Lord Ackner asked Her Majesty's Government:

Why, having decided to abolish or reform the office of Lord Chancellor, they did not decide to set up a Ministry of Justice.[HL3739]

The Lord Chancellor: I refer the noble and learned Lord to the Answer I gave to Lord Lester of Herne Hill on 7 July (Official Report, WA 1).

Supreme Court

Lord Lester of Herne Hill asked Her Majesty's Government:

Whether they intend that the proposed new Supreme Court for the United Kingdom will have its own budget and management as well as its own building.[HL3523]

The Lord Chancellor: The financing and administration of the new court is one of the issues which will be covered in the consultation paper which I shall be publishing on 14 July.

ECHR Incorporation: Special Advisers prior to May 1997

Lord Lester of Herne Hill asked Her Majesty's Government:

Which adviser or advisers from outside the Civil Service were responsible for briefing them in April 1997 about the incorporation of the European Convention on Human Rights into United Kingdom law.[HL3696]

The Lord Chancellor: Her Majesty's Government cannot answer for matters arising prior to the general election of May 1997.

North/South Ministerial Council

Lord Laird asked Her Majesty's Government:

Whether they will confirm in future all decisions by the North/South Ministerial Council during suspension of the Northern Ireland Assembly will be taken in accordance with the proper procedures, including full consultation with all bodies concerned and full transparency at all stages; and whether they

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will ensure that the decisions are taken in accordance with the Belfast agreement of 1998.[HL3547]

The Lord President of the Council (Lord Williams of Mostyn): Yes.

Lord Laird asked Her Majesty's Government:

Whether they will place in the Library of the House all papers relating to decisions of the North/South Ministerial Council; and whether they will ensure that they include their origins and reference numbers and that all stages of the decision-making process are clearly marked.[HL3548]

Lord Williams of Mostyn: I refer the noble Lord to the answer given on 2 July 2003 (WA 99).

Strabane: Unemployment

Lord Laird asked Her Majesty's Government:

What is the rate of unemployment in Strabane District Council area; and what steps they are taking to reduce that figure.[HL3611]

Lord Williams of Mostyn: Unemployment statistics at district council level are only available from the claimant count. At May 2003 the number of claimants in the Strabane District Council area stood at 1,147, which represents 5.0 per cent of the resident working age population. This compares with a rate of 3.3 per cent for Northern Ireland as a whole. Over the past 12 months the number of claimants in the Strabane District Council area has decreased by 7.9 per cent compared with a 5.4 per cent decrease for Northern Ireland as a whole.

Government is using a variety of methods to help reduce the level of unemployment in the Strabane area. It is one of the areas for targeted initiatives drawing together the relevant statutory, voluntary and community organisations and employers in a new level of partnership aimed at helping individuals who are jobless, particularly the long-term unemployed, to identify and address their particular barriers to employment and thereby making them more ready to take up available job opportunities. Staff from Strabane Social Security Office actively work with unemployed people and numerous groups in the Strabane area to encourage and support the movement from benefits to work.

Invest NI is also working with Strabane District Council to deliver a Business Start programme specific to the area. This programme falls within the auspices of Invest NI's Accelerating Entrepreneurship Strategy which aims to encourage an increase in the rate of business start-ups throughout Northern Ireland.

The Department of Agriculture and Rural Development is also contributing to reducing unemployment in the Strabane area. Several economic community-based projects have been funded in the area over the past six years and recent initiatives include the new West Tyrone Rural Leader +

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Programme, the Natural Resource Rural Tourism Initiative for the Sperrins and Farm Family Reskilling and Diversification Programme.

Belfast Education and Library Board: DVD Language Policy

Lord Laird asked Her Majesty's Government:

Further to the Written Answer by the Lord President on 24 June (WA 8), whether they believe that the Belfast Education and Library Board acted in accordance with the ethos of the Belfast agreement of 1998 by not encouraging Ulster Scots participation in the DVD "Rhyming Round Belfast"; who selected the schools which took part; and on what basis.[HL3641]

Lord Williams of Mostyn: I am satisfied that Her Majesty's Government acted in accordance with its obligations in the matter described by the noble Lord. As I have previously made clear, every school in Belfast was invited to participate and the contribution of every school that responded was included on the DVD. There was no selection process.

Northern Ireland Education and Library Boards: Cultural Parity

Lord Laird asked Her Majesty's Government:

What provisions the five Education and Library Boards in Northern Ireland have for those who are not of the Irish culture to be informed about their cultures; and whether the boards conform with the Belfast agreement pledge of parity of esteem for all.[HL3670]

Lord Williams of Mostyn: The Education and Library Boards provide a comprehensive library service for all persons who live, work or undertake courses of study in their area, regardless of the race, nationality or culture of those who use the service.

The Northern Ireland curriculum affords opportunities for schools to ensure that all pupils develop a knowledge and understanding of the similarities and differences between the cultural traditions which influence people who live in Northern Ireland.